(1)
PURPOSE. This section interprets s.
292.63(1) (ad) and (gm) and (4) (b) 15., Stats., by defining the liabilities
that are excluded from coverage in liability insurance policies for bodily
injury and property damage for the purpose of specifying costs paid by an owner
or operator to a 3rd party which are ineligible for reimbursement from the
fund.
(2) DEFINITIONS. In this
section:
(a) "Discharge" has the meaning given
in s.
292.01(3),
Stats.
(b) "Fund" means the
petroleum storage environmental cleanup fund under s.
25.47,
Stats.
(c) "Operator" has the
meaning given in s. 292.63(1) (d),
Stats.
(d) "Owner" has the meaning
given in s. 292.63(1) (e),
Stats.
(e) "Petroleum product
storage system" has the meaning given in s.
292.63(1) (fg),
Stats.
(3) EXCLUSIONS.
In addition to the exclusions specified in s.
292.63(4) (c),
Stats., and the claims which shall be denied under s.
292.63(4) (g),
Stats., an owner or operator is not eligible for reimbursement under s.
292.63(4) (b) 15., Stats., for compensation paid by the owner or operator to a 3rd party for
any of the following:
(a) Costs for which the
owner or operator is not legally liable.
(b) Bodily injury or property damage arising
out of any of the following:
1. A discharge
expected or intended from the standpoint of the owner or operator.
2. A discharge based on or attributable to a
criminal act by the owner or operator.
3. The owner's or operator's intentional,
willful or deliberate noncompliance with any statute or administrative rule
administered by the department of safety and professional services or the
department of natural resources which directly relates to the storage and
handling of flammable liquid or combustible liquid, as defined by the
department of safety and professional services by rule.
Note: The responsibility for this aspect of
petroleum tank storage oversight was transferred from the Department of Safety
and Professional Services to the Department of Agriculture, Trade and Consumer
Protection. See s.
ATCP 93.050(30) and
(49) for definitions of combustible and
flammable liquid.
4. The
owner's or operator's assumption of the liability of a 3rd party under a
contract or agreement, unless the owner or operator would have had the
liability in the absence of the contract or agreement.
5. The ownership, maintenance, use, operation
or entrustment to another person of an automobile, aircraft, watercraft or
rolling stock belonging to the owner or operator, except that this exclusion
does not apply if the bodily injury or property damage is caused by the use of
the automobile, aircraft, watercraft or rolling stock during the loading or
unloading of the owner's or operator's petroleum products storage
system.
6. War, invasion, act of a
foreign enemy, hostilities, civil war, rebellion, revolution, insurrection,
military or usurped power, strike, riot or civil commotion.
(c) Bodily injury to any of the
following, whether the owner or operator is liable as an employer or in any
other capacity, and regardless of whether the owner or operator is obligated to
share damages with or to repay someone else who must pay damages because of the
bodily injury:
1. An employee of the owner or
operator for an injury occurring during and in the course of the
employment.
2. The spouse, child,
parent, brother or sister of an employee of the owner or operator arising as a
consequence of the bodily injury to the employee under subd. 1.
(d) Property damage to any of the
following:
1. Property owned or occupied by
or rented or lent to the owner or operator.
2. Personal property in the care, custody or
control of the owner or operator.
(e) An obligation of the owner or operator
under a workers' compensation, disability benefits, unemployment compensation
or other similar law.
(f) Punitive
or exemplary damages.
(g) Federal,
state or local fines, forfeitures or other penalties.
(h) Amounts recoverable by the owner or
operator under s. 292.63(4) (b) 1
to 14., Stats., or by a 3rd party as a claimant under s.
292.63, Stats.
